Interpretation

(a) in respect of a Canadian vessel, the person referred to in subsection 14(1);

(b) in respect of a fleet registered under Part 2, the person referred to in subsection 75.03(5); and

(c) in respect of a foreign vessel, the master. (représentant autorisé)

bare-boat charter

bare-boat charter means a vessel charter agreement under which the charterer has complete possession and control of the vessel, including the right to appoint its master and crew. (affrètement coque nue)

Canadian maritime document

Canadian maritime document means a licence, permit, certificate or other document that is issued by the Minister of Transport under Part 1 (General), 3 (Personnel), 4 (Safety), 9 (Pollution Prevention — Department of Transport) or 11 (Enforcement — Department of Transport) to verify that the person to whom or vessel to which it is issued has met requirements under that Part. (document maritime canadien)

Canadian vessel

Canadian vessel means a vessel that is registered or listed under Part 2 (Registration, Listing and Recording) or that is exempted under the regulations from the registration requirement in subsection 46(1). (bâtiment canadien)

foreign vessel

foreign vessel means a vessel that is not a Canadian vessel or a pleasure craft. (bâtiment étranger)

government vessel

government vessel means a vessel that is owned by and is in the service of Her Majesty in right of Canada or a province or that is in the exclusive possession of Her Majesty in that right. (bâtiment d’État)

gross tonnage

gross tonnage means the volume of a vessel as determined by a tonnage measurer or calculated in accordance with the regulations made under paragraph 77(h). (jauge brute)

master

master means the person in command and charge of a vessel. It does not include a licensed pilot, within the meaning of section 1.1 of the Pilotage Act, while the pilot is performing pilotage duties under that Act. (capitaine)

oil handling facility

oil handling facility means a facility, including an oil terminal, that is used or that will be used in the loading or unloading of petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products, to or from vessels. (installation de manutention d’hydrocarbures)

passenger

passenger means a person carried on a vessel by the owner or operator, other than

(b) a person carried on a vessel that is not a Safety Convention vessel who is

(i) the master, a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of that vessel, or

(ii) a guest on board the vessel, if the vessel is used exclusively for pleasure and the guest is carried on it without remuneration or any object of profit;

(c) a person carried on a vessel in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented; or

(b) a corporation incorporated under the laws of Canada or a province. (personne qualifiée)

Register

Register means the Canadian Register of Vessels established under section 43. (Registre)

Safety Convention vessel

Safety Convention vessel means a vessel in respect of which the International Convention for the Safety of Life at Sea, listed in Schedule 1, applies. (bâtiment assujetti à la Convention sur la sécurité)

vessel means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to method or lack of propulsion, and includes such a vessel that is under construction. It does not include a floating object of a prescribed class. (bâtiment)

3 If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.

Marginal note:Regulations

4 The Governor in Council may, on the recommendation of the Minister of Transport, make regulations prescribing anything that may be prescribed under section 2.

Application

Marginal note:Exclusion

7(1) Notwithstanding any other provision of this Act, this Act does not apply in respect of a vessel, facility or aircraft that belongs to the Canadian Forces or a foreign military force or in respect of any other vessel, facility or aircraft that is under the command, control or direction of the Canadian Forces.

Marginal note:Regulations

(2) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations varying or excluding the application, in respect of government vessels, of any provision of this Act.

Marginal note:Conflicts with foreign rules

(3) Regulations made under this Act do not, unless they expressly provide otherwise, apply in respect of a Canadian vessel in the waters of a country other than Canada if the regulations are inconsistent with a law of that country that, by its terms, applies in respect of the vessel when in the waters of that country.